Embattled Clerk Richard Kachmar needed to redraw the nine at-large council candidates’ names for ballot order Monday afternoon after a witness caught the city official making another blunder in this May’s election process.

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Kachmar mistakenly placed two cards for candidate Lisa Kasabach in the basket, ultimately throwing off the probability of the drawing.

“Could we do that over?” Duncan Harrison’s campaign manager Joel Griffith asked the clerk after the drawing. “There were two cards with the same name inside there which threw the numbers off.”

In the initial drawing, Kasabach’s name was drawn second and ninth.

After some deliberation and a show of hands, Kachmar did a redo.

“I would go with the majority of the people,” the clerk explained. “This is democracy.”

Even Kasabach thought the do over was appropriate.

“I think it’s the only fair way to do it,” she said. “I had two opportunities and I don’t think that’s right.”

Kasabach’s name was drawn last the second time around.

“You’re in the same spot,” Kachmar said to her.

“No, I’m not,” Kasabach responded.

After the drawing, Harrison’s campaign manager explained why he called for the redo.

“No matter if my candidate was first or last, the process should be fair for everyone,” Griffith said. “At the end of the day that’s all that matters.”

Monday’s mishap was one of several made by Kachmar this election season. His actions led to a possible suspension vote by city council last Thursday until it was ultimately pulled.

Two weeks ago, Kachmar erred in the election process by allowing all candidates to submit less signatures than required by law.

The mishap occurred when Kachmar, who earns a yearly salary of $80,000, read the wrong state statute and his mistake was caught by city resident Michael McGrath.

Two at-large council candidates — Lee Ingram and Carter Patterson — were also told by the clerk’s office they didn’t meet the petition requirements for signatures when in fact they both did. Ingram and Patterson were then placed on the ballot.

Another election mistake also occurred on Kachmar’s watch.

Bonnie Epps, who is the Mercer County Clerk’s Office election supervisor, said Trenton’s clerk’s office published an outdated absentee ballot and notice to voters in a local newspaper.

“I don’t know where they got their information from,” she said. “We haven’t used this since 2009, since the law has changed.”

Epps said the error was brought to her attention Friday when she received an outdated application. She then sent the city the updated materials to be republished.

“If somebody sends this application in, we’ll take this application,” she said of the outdated version. “It’s fine.”

On Friday, city attorney Caryl Amana submitted papers to the state Superior Court for the election to continue as planned, but two certified candidates — Patterson and Councilwoman Kathy McBride, who is running for mayor — refused to sign off on the release.

McBride’s campaign manager Dan Toto said a judge’s ruling is “necessary” in the matter, but provided an explanation why she didn’t join the other 23 candidates.

“Asking Councilwoman Kathy McBride to sign a legal document with no letterhead, either prepared by the clerk or city attorney, serving as a release of rights by all named candidates as interested parties, has no legal authority,” he said. “Furthermore, individuals who agree to break the law in this case a state election statute definitely will not have any legal grounds for resolution through signing a meaningless letter.”

Technically, a judge could postpone the May election and call for the process to restart.

When asked if he was putting the cart before the horse in selecting ballot positions, Kachmar declined comment.

Kachmar replaced his predecessor Leona Baylor in October after a contentious 4-3 council vote for the position.

Mayor George Muschal said the drawing had to be done.

“There was a time limit on this,” he said. “A lot of things are under investigation.”

He admitted the order could be changed after a judge’s decision.

“Anything can change,” he said. “The judge holds the card.”

Barring any setbacks, here is the ballot order for the May 13 election drawn by Kachmar:

About the Author

Originally from Webster, N.Y., David has been a reporter in N.J. for the past three years (first in Phillipsburg and now in Trenton).He is a Temple alum who interned at the Philadelphia Daily News. Reach the author at dfoster@trentonian.com
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